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(영문) 창원지방법원 2013.09.26 2013노802
사행행위등규제및처벌특례법위반방조
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant: (b) served as an employee in the game room in which the Defendant, the owner of the instant game; (c) the 12th head of the instant game room in which C et al. established and operated the two game for the anti-dominary game; and (d) thereby aiding and abetting C et al. to facilitate their speculative activities; and (c) the nature of the crime is not somewhat weak; (d) the illegal game room business, such as this case, is likely to cause harm to society by encouraging excessive speculative spirit to the general public; and (e)

However, in full view of all the circumstances that are favorable to the defendant, such as the confession and rebuttal of the defendant, the fact that the defendant was relatively cooperative in the investigation of the illegal game room of this case, the defendant was suspended from indictment on May 31, 2012 as a violation of the Game Industry Promotion Act, and that there was no other punishment history, the confession and reflect of the defendant, the defendant's character and conduct and environment favorable to the defendant, the circumstances and results of the crime of this case, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the punishment imposed by the court below seems to be somewhat unreasonable. Thus, the above argument by the defendant is reasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Criminal Crimes, Regulation of Speculative Acts, etc. with Respect to the Selection of Punishment, etc., and Article 32 (1) of the Criminal Act;

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